| Court: | cacd |
| Docket #: | 2:03-cv-08569 |
| Case Name: | John A Rainwater, et al v. Jan M Alarcon, et al |
| PACER case #: | 44076 |
| Date filed: | 2003-11-25 |
| Date terminated: | 2009-02-04 |
| Date of last filing: | 2009-02-04 |
| Assigned to: | Judge Manuel L. Real |
| Case Cause: | 42:1983 Prisoner Civil Rights |
| Nature of Suit: | 550 Prisoner: Civil Rights |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| John Allen Rainwater, .. Plaintiff TERMINATED: 04/16/2008 |
John Allen Rainwater, .. |
| Steven Lawrence Burkhart Plaintiff TERMINATED: 11/28/2005 |
|
| Douglas Ernest Badger Plaintiff TERMINATED: 11/14/2005 |
Douglas Ernest Badger |
| Charles Christman, . Plaintiff |
Charles Christman, . |
| Steven Joseph Willett Plaintiff TERMINATED: 04/16/2008 |
|
| David Huffman Plaintiff TERMINATED: 04/16/2008 |
David Huffman |
| Troy Michael Naylor Plaintiff TERMINATED: 11/14/2005 |
|
| Thiel Williams Plaintiff TERMINATED: 04/16/2008 |
Thiel Williams |
| Paul A OBrien Plaintiff TERMINATED: 04/16/2008 |
Paul A OBrien |
| Aaron Wheeler Movant TERMINATED: 04/16/2008 |
|
| Ed Flores Movant TERMINATED: 04/16/2008 |
|
| Neal D Williamson Movant TERMINATED: 04/16/2008 |
|
| Jan Marie Alarcon Defendant Ph.D |
Karen Ackerson-Brazille |
| Frederick Banales Defendant Ph.D Erroneously Sued AsFederico Banales |
Karen Ackerson-Brazille |
| Ronald Lapp Defendant M D |
Karen Ackerson-Brazille |
| Mary Flavin Defendant Ph.D |
Karen Ackerson-Brazille |
| Robert S Knapp Defendant M D |
Karen Ackerson-Brazille |
| Gloria Fiscalini Defendant |
Karen Ackerson-Brazille |
| Gabriel Paladino Defendant Ph.D |
Karen Ackerson-Brazille |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2003-11-25 | 1 | 0 | Motion and Declaration to Proceed w/o Prepayment of Filing Fees (CV 60P) | DECLARATION by plaintiff John Allen Rainwater in support of request to proceed without prepayment of full filing fee (jag) (Entered: 12/01/2003) | ||
| 2003-12-11 | 2 | 0 | Order on Motion for Leave to Proceed in Forma Pauperis | ORDER by Magistrate Judge Stephen G. Larson granting request to proceed without prepayment of full filing fee [1-1]; assigning case to Judge Manuel L. Real (rrey) (Entered: 12/16/2003) | ||
| 2003-12-11 | 3 | 0 | Complaint (Prisoner Civil Rights) | CIVIL RIGHTS COMPLAINT Pur to 42:1983 referred to Magistrate Judge Stephen G. Larson (rrey) (Entered: 12/16/2003) | ||
| 2003-12-11 | 4 | 0 | Notice of Reference to a U S Magistrate Judge (CV-25) | NOTICE OF REFERENCE to Magistrate Judge Stephen G. Larson (rrey) (Entered: 12/16/2003) | ||
| 2003-12-11 | 5 | 0 | Motion to Certify Class Action | MOTION by plaintiffs John Allen Rainwater, Steven Lawrence Burkhart, Douglas Ernest Badger, Charles Christman, Steven Joseph Willett, David Huffman, Troy Michael Naylor to declare Civil Rights Complaint as class action (rrey) (Entered: 12/16/2003) | ||
| 2003-12-18 | 6 | 0 | MINUTES - event converted from ICMS | MINUTES: (IN CHAMBERS): This case has been referred to United States Magistrate Judge Stephen G Larson for pre-trial proceedings; All future pleadings and correspondence shall be addressed to James Munoz, Clerk to Magistrare Juge Larson (see document for further details) by Magistrate Judge Stephen G. Larson; CR: N/A (ad) (Entered: 12/22/2003) | ||
| 2004-01-26 | 7 | 0 | Notice of Document Discrepancies - Granting | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Magistrate Judge Stephen G. Larson, ORDERING letter from petitioner requesting forms for service by U.S. Marshal submitted by Plaintiff John Allen Rainwater received on 1/22/2004 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(gk, ) (Entered: 02/02/2004) | ||
| 2004-01-22 | 8 | 0 | Letter | Letter from plaintiff John Allen Rainwater dated 1/19/2004 requesting Form USM 285. (gk, ) (Entered: 02/02/2004) | ||
| 2004-03-03 | 9 | 0 | Order | ORDER DIRECTING SERVICE OF PROCESS BY THE UNITED STATES MARSHAL by Judge Stephen G. Larson: IT IS HEREBY ORDERED that the United States Marshal is authorized to proceed with service of process upon the following defendants only without prepayment of cost, until further Order of the Court: Jan Marie Alarcon PhD, Frederick Banales PhD, Ronald Lapp MD, Mary Flavin PhD, Gabriel Paladino PhD, Robert S Knapp PhD and Gloria Fiscalini all individually and official capacity(ad, ) (Entered: 03/04/2004) | ||
| 2004-03-08 | 10 | 0 | Notice of Document Discrepancies - Granting | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Magistrate Judge Stephen G. Larson ORDERING Letter to Judge submitted by Plaintiff John Allen Rainwater received on 3/2/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(dw, ) (Entered: 03/17/2004) | ||
| 2004-03-02 | 11 | 0 | Letter | Letter from Petitioner (dw, ) (Entered: 03/17/2004) | ||
| 2004-04-26 | 12 | 0 | USM-285 Service of S/C - (21 days) Executed | PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights) 3 upon Jan Marie Alarcon, PhD, served on 4/12/2004, answer due 5/2/2004, served by mail service, by Federal statute, upon (not specified). (de, ) (Entered: 04/30/2004) | ||
| 2004-04-26 | 13 | 0 | USM-285 Service of S/C - (21 days) Executed | PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights) 3 upon Gloria Fiscalini served on 4/12/2004, answer due 5/2/2004, served by mail service, by Federal statute, upon (not specified). (de, ) (Entered: 04/30/2004) | ||
| 2004-04-26 | 14 | 0 | Waiver of Service Executed | WAIVER OF SERVICE Returned Executed filed by plaintiff John Allen Rainwater. upon Gloria Fiscalini waiver sent by Plaintiff on 3/23/2004, answer due 5/22/2004. Waiver of Service signed by Peggy Phaklides, Acting Litigation Coordinator. (de, ) (Entered: 04/30/2004) | ||
| 2004-04-26 | 15 | 0 | USM-285 Service of S/C - (21 days) Executed | PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint (Prisoner Civil Rights) 3 upon Ronald Lapp, M.D. served on 4/12/2004, answer due 5/2/2004, served by mail service, by Federal statute, upon (not specified). (esa, ) (Entered: 04/30/2004) | ||
| 2004-04-26 | 16 | 0 | Waiver of Service Executed | WAIVER OF SERVICE on summons & Complaint Returned Executed filed by plaintiff Douglas Ernest Badger, Steven Lawrence Burkhart, Charles Christman, David Huffman, Troy Michael Naylor, John Allen Rainwater, Steven Joseph Willett. Waiver of Service signed by Peggy Phaklides. (rm, ) (Entered: 04/30/2004) | ||
| 2004-04-26 | 17 | 0 | USM-285 Service of S/C - (21 days) Executed | PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint 3 upon Gabriel Paladino, Ph.D. served on 4/12/2004, answer due 5/2/2004. Summons and complaint were served by mail. (gk, ) (Entered: 05/04/2004) | ||
| 2004-04-26 | 18 | 0 | Notice and Acknowledgment of Service (CV-21) Executed | NOTICE AND ACKNOWLEDGEMENT OF SERVICE of Summons an Complaint returned Executed by U.S. Marshals Service upon defendant Gabriel Paladino, PhD, acknowledgment sent by Marshals on 3/18/2004, answer due 5/17/2004. Acknowledgment of Service signed by Peggy Phaklides, Acting Litigation Coordinator, on 3/23/2004. (gk, ) (Entered: 05/04/2004) | ||
| 2004-04-26 | 19 | 0 | Waiver of Service Executed | WAIVER OF SERVICE OF SUMMONS AND COMPLAINT Returned Executed filed by U.S. Marshals Service upon defendant Gabrielle Paladino. Waiver of Service signed by Peggy Phaklides, Acting Litigation Coordinator, on 3/23/2004. (gk, ) (Entered: 05/04/2004) | ||
| 2004-04-26 | 20 | 0 | USM-285 Service of S/C - (21 days) Executed | PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint 3 upon defendant Frederick Banales, Ph.D. served on 4/12/2004, answer due 5/2/2004. Summons and complaint served by mail. (gk, ) (Entered: 05/04/2004) | ||
| 2004-04-26 | 21 | 0 | Notice and Acknowledgment of Service (CV-21) Executed | NOTICE AND ACKNOWLEDGEMENT OF SERVICE of Summons an Complaint returned Executed by U.S. Marshals Service upon defendant Frederick Banales, Ph.D. acknowledgment sent by Marshals on 3/18/2004, answer due 5/17/2004. Acknowledgment of Service signed by Peggy Phaklides, Acting Litigation Coordinator on 3/23/2004. (gk, ) (Entered: 05/04/2004) | ||
| 2004-04-26 | 22 | 0 | Waiver of Service Executed as to USA | WAIVER OF SERVICE OF SUMMONS AND COMPLAINT Returned Executed by U.S. Marshals Service upon defendant Frederico Banales. Waiver of Service signed by Peggy Phaklides, Acting Litigation Coordinator on 3/23/2004. (gk, ) (Entered: 05/04/2004) | ||
| 2004-04-26 | 23 | 0 | USM-285 Service of S/C - (21 days) Executed | PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint 3 upon Mary Flavin, Ph.D. served on 4/26/2004, answer due 5/16/2004. (gk, ) (Entered: 05/04/2004) | ||
| 2004-04-26 | 24 | 0 | Notice and Acknowledgment of Service (CV-21) Executed | NOTICE AND ACKNOWLEDGEMENT OF SERVICE of Summons an Complaint returned Executed by U.S. Marshals Service upon defendant Mary Flavin, PhD, acknowledgment sent by Marshals on 3/18/2004, answer due 5/17/2004. Acknowledgment of Service signed by Peggy Phaklides, Acting Litigation Coordinator, on 3/23/2004. (gk, ) (Entered: 05/04/2004) | ||
| 2004-04-26 | 25 | 0 | Waiver of Service Executed | WAIVER OF SERVICE OF SUMMONS AND COMPLAINT Returned Executed by U.S. Marshals Service upon defendant Mary Flavan sent by Marshals on 3/18/2004. Waiver of Service signed by Peggy Phaklides, Acting Litigation Coordinator on 3/23/2004. (gk, ) (Entered: 05/04/2004) | ||
| 2004-04-26 | 26 | 0 | USM-285 Service of S/C - (21 days) Executed | PROCESS RECEIPT AND RETURN (USM-285) of summons and Complaint 3 upon Robert S. Knapp, Ph.D., M.D. served on 4/12/2004, answer due 5/2/2004. Summons and complaint served by mail. (gk, ) (Entered: 05/04/2004) | ||
| 2004-04-26 | 27 | 0 | Notice and Acknowledgment of Service (CV-21) Executed | NOTICE AND ACKNOWLEDGEMENT OF SERVICE of Summons and Complaint returned Executed by U.S. Marshals Service upon defendant Robert S. Knapp, PhD acknowledgment sent by Marshals on 3/18/2004, answer due 5/17/2004. Acknowledgment of Service signed by Peggy Phaklides, Acting Litigation Coordinator, on 3/23/2004. (gk, ) (Entered: 05/04/2004) | ||
| 2004-04-26 | 28 | 0 | Waiver of Service Executed | WAIVER OF SERVICE OF SUMMONS AND COMPLAINT Returned Executed by U.S. Marshals Service upon defendant Robert Knapp sent by Marshals on 3/18/2004. Waiver of Service signed by Peggy Phaklides, Acting Litigation Coordinator on 3/23/2004. (gk, ) (Entered: 05/04/2004) | ||
| 2004-05-06 | 29 | 0 | Motion for Appointment of Counsel | NOTICE OF MOTION AND MOTION for Appointment of Counsel filed by plaintiff John Allen Rainwater. Lodged Lodged Order. (kca, ) (Entered: 05/10/2004) | ||
| 2004-04-26 | 30 | 0 | Waiver of Service Executed | WAIVER OF SERVICE OF SUMMONS AND COMPLAINT Returned Executed by U.S. Marshals Office upon defendant Jan Marie Alarcon, PhD, waiver sent by Marshals on 3/18/2004, answer due 5/17/2004. Waiver of Service signed by Peggy Phaklides, Acting Litigation Coordinator, on 3/23/2004. (gk, ) (Entered: 05/20/2004) | ||
| 2004-05-19 | 31 | 0 | In Chambers Conference | MINUTES: (IN CHAMBERS): The Court has duly considered plaintiff's request for appointment of counsel 29 (see document for specifics); Accordingly, plaintiff's request for appointment of counsel is DENIED without prejudice; Plaintiff's motions for permissive joinder pursuant to FRCP 20 are GRANTED. (ad, ) Modified on 5/21/2004 (ad, ). (Entered: 05/21/2004) | ||
| 2004-05-13 | 32 | 0 | Notice of Document Discrepancies - Granting | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Magistrate Judge Stephen G. Larson, Ordering that the Motion for Permissive Joinder of New Plaintiff submitted by Timothy Roger Weathers received 5/12/2004 be filed and processed. The filing date is ordered to be the date the document was stamped "received but not filed" with the Clerk.(gk, ) (Entered: 05/25/2004) | ||
| 2004-05-12 | 33 | 0 | Motion to Join in Complaint | MOTION for Permissive Joinder of New Plaintiff filed by movant Timothy Roger Weathers, AT#050572-7, P.O. Box 7001/Unit 2, 10333 El Camino Real Blvd., Atascadero, CA 93423-7001. (gk, ) (Entered: 05/25/2004) | ||
| 2004-05-13 | 34 | 0 | Notice of Document Discrepancies - Granting | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Magistrate Judge Stephen G. Larson, Ordering that the Motion for Permissive Joinder of New Plaintiff submitted by William Charles Thiel received 5/12/2004 be filed and processed. The filing date is ordered to be the date the document was stamped "received but not filed" with the Clerk. (gk, ) (Entered: 05/25/2004) | ||
| 2004-05-12 | 35 | 0 | Motion to Join in Complaint | MOTION for Permissive Joinder of New Plaintiff filed by movant William Charles Thiel, AT# 046252-3, P.O. Box 7001/Unit 2, 10333 El Camino Real Blvd., Atascadero, CA 93423-7001. (gk, ) (Entered: 05/25/2004) | ||
| 2004-05-21 | 36 | 0 | Motion to Dismiss (cause or other) | NOTICE OF MOTION AND MOTION for Dismissal Pursuant to FRCP 12(b)(1) and (6); Memorandum of Points and Authorities in Support Thereof Action for Lack of Subject Matter Jurisdiction filed by Defendants Jan Marie Alarcon, Frederick Banales, Gloria Fiscalini, Mary Flavin, Robert S Knapp, Ronald Lapp, Gabriel Paladino. Motion set for hearing on 6/28/2004 at 03:00 PM before Honorable Manuel L. Real. (dw, ) (Entered: 05/26/2004) | ||
| 2004-05-26 | 37 | 0 | In Chambers Conference | MINUTES (In Chambers) held before Judge Stephen G. Larson: Plaintiff and defendant are ordered to show cause, in writing, why this case should not be stayed pending the outcome of the Hydrick class action; Order by Judge Stephen G. Larson MOTION for Appointment of Counsel and protective order 29 is DENIED, MOTIONS for Permissive Joinder in Complaint 33 35 , in the absence of any opposition from defendants are denied; Court Reporter: N/A. (de, ) (Entered: 05/28/2004) | ||
| 2004-05-26 | 38 | 0 | In Chambers Conference | MINUTES: (IN CHAMBERS): (see document for further details); Accordingly, within 30 days of the date of this Order, Plaintiff and Defendant are ORDERED TO SHOW CAUSE, in writing, why this case should not be stayed pending the outcome of the Hydrick Class action, for the reasons cited above; Plaintiff's motions for (1) appointment of counsel 29 and (2) a protective order are DENIED without prejudice. Plaintiff's motions for permissive joinder 33 , 35 , in the absence of any opposition from defendants, are GRANTED; IT IS SO ORDERED by Judge Stephen G. Larson; Court Reporter: N/A (ad, ) (Entered: 06/02/2004) | ||
| 2004-05-20 | 39 | 0 | Motion to Join in Complaint | MOTION for Permissive Joinder of New Plaintiff filed by James Vincent Lamb, AT# 047715-8, P.O. Box 7001/Unit 2, 10333 El Camino Real Blvd., Atascadero, CA 93423-7001. (gk, ) (Entered: 06/08/2004) | ||
| 2004-06-01 | 40 | 0 | Notice of Document Discrepancies - Granting | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Magistrate Judge Stephen G. Larson, ORDERING Motion for Permissive Joinder of New Plaintiff submitted by James Vincent Lamb, AT# 047715-8, received on 5/20/2004 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(gk, ) (Entered: 06/08/2004) | ||
| 2004-06-22 | 41 | 0 | Response (non-motion) | RESPONSE filed by Defendant Jan Marie Alarcon to order to show cause why this case should not be stayed pending the outcome of the Hydrick class action. 38 (yc, ) (Entered: 06/29/2004) | ||
| 2004-06-25 | 42 | 0 | Objections - non-motion | RESPONSE to Order to Show Cause 38 filed by Plaintiff Steven Lawrence Burkhart. (dw, ) (Entered: 06/29/2004) | ||
| 2004-07-29 | 43 | 0 | In Chambers Conference | MINUTES OF In Chambers Conference held before Judge Stephen G. Larson : The courts 5/26/04 order to show cause is SATISFIED and the matter will not be stayed on account of the Hydrick Class Action. Plaintiffs have 30 days from the date of this order to file an opposition to the motion to dismiss. Defendants may file a reply thereto within 15 days from the filing of the plaintiffs opposition.Court Reporter: N/A. (am, ) (Entered: 08/02/2004) | ||
| 2004-08-11 | 44 | 0 | Response in Opposition to Motion | OPPOSITION to MOTION to Dismiss Action for Lack of Subject Matter Jurisdiction 36 filed by plaintiffs Douglas Ernest Badger, Steven Lawrence Burkhart, Charles Christman, David Huffman, Troy Michael Naylor, John Allen Rainwater, Steven Joseph Willett. (yc, ) (Entered: 08/17/2004) | ||
| 2004-08-18 | 45 | 0 | In Camera Hearing | MINUTES OF In Camera Hearing held before Judge Stephen G. Larson :, Order by Judge Stephen G. Larson DENYING Motion to declare Civil Rights Complaint as class action 5 Court Reporter: N/A. (am, ) (Entered: 08/19/2004) | ||
| 2004-08-20 | 46 | 0 | Request for Appointment of Counsel | REQUEST for Appointment of Legal Assistants filed by Plaintiff John Allen Rainwater. (pbap, ) (Entered: 08/24/2004) | ||
| 2004-08-25 | 47 | 0 | In Chambers Conference | MINUTES OF (In Chambers) before Judge Stephen G. Larson : Order by Judge Stephen G. Larson denying REQUEST for Appointment of Legal Assistance 46 Tape #: None. (mrgo, ) (Entered: 08/30/2004) | ||
| 2004-10-20 | 48 | 0 | Request for Ruling | REQUEST for Status Update Re: Motion to Dismiss filed by Plaintiffs John Allen Rainwater. (pbap, ) (Entered: 10/27/2004) | ||
| 2004-10-25 | 49 | 0 | In Chambers Conference | MINUTES OF In Chambers Conference held before Judge Stephen G. Larson: The status of the motion to dismiss is as follows: The defendants have not filed a reply to the plaintiffs opposition. Accordingly, the motion to dismiss has been taken under submission by the Court. No further briefing is required from either side absent further order of the court.Court Reporter: N/A. (am, ) Additional attachment(s) added on 4/19/2005 (rc, ). (Entered: 10/28/2004) | ||
| 2005-02-22 | 50 | 0 | Order on Motion to Dismiss | ORDER by Judge Stephen G. Larson: GRANTING in part and DENYING in part 36 Motion to Dismiss. Defendants' motion to dismiss plaintiffs' complaint against Lapp and Fiscalini, in both their individual and official capacity, is GRANTED. Defendants' motion to dismiss plaintiffs' complaint against Alarcon, Banalles, Falvin, Knapp, and Paladino in their official capacity is also GRANTED. In all other respects, defendants' motion to dismiss plaintiffs' complaint is DENIED. IT IS SO ORDERED. (See document for specifics). (th) (Entered: 02/24/2005) | ||
| 2005-03-09 | 51 | 0 | In Chambers Order/Directive - no proceeding held | MINUTES OF IN CHAMBERS ORDER by Judge Stephen G. Larson: Pursuant to the direction of the District Judge reference to this court is VACATED and the parites are hereby ordered to appear for Pretrial Conference set for 4/4/2005 11:00 AM before Honorable Manuel L. Real. The parties are further order to submit a propsoed pre-trial conference order to the District Judge by 3/28/05. (am, ) (Entered: 03/16/2005) | ||
| 2005-03-16 | 52 | 0 | In Chambers Order/Directive - no proceeding held | MINUTES OF IN CHAMBERS ORDER by Judge Manuel L. Real : Final Pretrial Conference continued to 5/2/2005 11:00 AM ; proposed pretrial conference order be lodged by 4/25/05;Court Reporter: none. (lc, ) (Entered: 03/16/2005) | ||
| 2005-03-15 | 53 | 0 | Order | NOTICE TO COUNSEL AND ORDER regarding compliance with local and federal rules and other requirements by Judge Manuel L. Real (lc, ) (Entered: 03/16/2005) | ||
| 2005-04-07 | 54 | 0 | Response (non-motion) | RESPONSE to pretrial conference order filed by Plaintiff John Allen Rainwater (bp, ) (Entered: 04/19/2005) | ||
| 2005-04-15 | 55 | 0 | Ex Parte Application for Order | EX PARTE APPLICATION for an Order to continue the pre-trial conference filed by defendants' Ronald Lapp, Mary Flavin, Robert S Knapp, Gloria Fiscalini, Jan Marie Alarcon, Frederick Banales. Lodged proposed order. (bp, ) (Entered: 04/22/2005) | ||
| 2005-04-18 | 56 | 0 | Notice (Other) | NOTICE of errata re: service list filed by defendants' Ronald Lapp, Mary Flavin, Robert S Knapp, Gloria Fiscalini, Jan Marie Alarcon, Frederick Banales. (bp, ) (Entered: 04/22/2005) | ||
| 2005-04-13 | 57 | 0 | Answer to Complaint (Prisoner Civil Rights) | ANSWER to Complaint (Prisoner Civil Rights) 3 filed by defendants Jan Marie Alarcon, Frederick Banales erroneously sued as Frederick Banales PhD, Mary Flavin, Robert S Knapp, Gabriel Paladino, (lc, ) (Entered: 04/25/2005) | ||
| 2005-04-13 | 58 | 0 | Certificate/Notice of Interested Parties | NOTICE of Interested Parties filed by Defendants Ronald Lapp, Mary Flavin, Robert S Knapp, Gloria Fiscalini, Gabriel Paladino, Jan Marie Alarcon, Frederick Banales. (lc, ) (Entered: 04/25/2005) | ||
| 2005-04-20 | 59 | 0 | Order | ORDER by Judge Dickran Tevrizian fpr Judge Manuel L Real granting defendants EX PARTE APPLICATION to continue pretrial conference 55 : pretrial conference continued to 11/14/05 11:00 AM; Proposed Pretrial Order due by 11/7/2005; Discovery cut-off 8/22/2005; discovery motion cutoff 9/12/05; dispositive Motion cutoff 10/3/2005. (lc, ) (Entered: 04/27/2005) | ||
| 2005-05-10 | 60 | 0 | Response in Opposition to Motion | OPPOSITION to Motion to Certify Class 5 filed by defendants Mary Flavin, Robert S Knapp, Gabriel Paladino, Jan Marie Alarcon, Frederick Banales. (lc, ) (Entered: 05/12/2005) | ||
| 2005-05-10 | 61 | 0 | Objections - non-motion | NOTICE OF OBJECTIONS as untimely the permissive joinder of Aaron Martin Wheeler due to court previously ruling on defendants moiton to dismiss filed by Defendants Ronald Lapp, Mary Flavin, Robert S Knapp, Gloria Fiscalini, Gabriel Paladino, Jan Marie Alarcon, Frederick Banales. (lc, ) (Entered: 05/12/2005) | ||
| 2005-05-03 | 62 | 0 | Notice of Document Discrepancies and Order - Rejecting | NOTICE OF DISCREPANCY AND ORDER: by Judge Stephen G. Larson, ORDERING letter submitted by Plaintiff John Allen Rainwater received on 4/27/05 is not to be filed but instead rejected. Denial based on: no letter communications.(lc, ) (Entered: 05/12/2005) | ||
| 2005-04-29 | 63 | 0 | Response in Support of Motion | RESPONSE to EX PARTE APPLICATION for an Order to continue the pre-trial conference filed 55 filed by plaintiff John Allen Rainwater. (lc, ) (Entered: 05/17/2005) | ||
| 2005-04-29 | 64 | 0 | Motion to Certify Class Action | NOTICE OF MOTION AND MOTION to Certify Class filed by plaintiff John Allen Rainwater. Motion set for hearing on 5/2/2005 at 11:00 AM before Magistrate Judge Stephen G. Larson. (lc, ) (Entered: 05/17/2005) | ||
| 2005-04-28 | 65 | 0 | Motion for Joinder | MOTION for Permissive Joinder the name of Aaron Martin Wheeler as an additional plaintiff in Complaint (Prisoner Civil Rights) 3 filed by plaintiff John Allen Rainwater. (lc, ) (Entered: 05/17/2005) | ||
| 2005-04-28 | 66 | 0 | Request to Supplement | NOTICE OF AND REQUEST for leave to submit Supplemental pleadings inf rom of sworn declarations to this action filed by plaintiff John Allen Rainwater. (lc, ) (Entered: 05/17/2005) | ||
| 2005-05-03 | 67 | 0 | Notice of Document Discrepancies - Granting | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Stephen G. Larson ORDERING plaintiffs ex parte (with w different proofs), motion with no copy of proof on judges copy submitted by Plaintiff John Allen Rainwater received on 4/28/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(lc, ) (Entered: 05/17/2005) | ||
| 2005-05-17 | 68 | 0 | Motion for Enlargement of Time to File Document | MOTION for Enlargement of Time to File joint report of early meeting filed by plaintiff John Allen Rainwater. (lc, ) (Entered: 05/20/2005) | ||
| 2005-05-17 | 69 | 0 | Response (non-motion) | ANSWER TO defendants OBJECTIONS as untimely the permissive joinder of Aaron Martin Wheeler 61 filed by Plaintiff John Allen Rainwater (lc, ) (Entered: 05/20/2005) | ||
| 2005-05-16 | 70 | 0 | Notice of Change of Address | NOTICE of Change of Address changing petitioners address to Atascadero State Hospital PO Box 7001, Unit 16, Atascadero, Caifonria 93423-7001. Filed by petitioner John A Rainwater (lc, ) (Entered: 05/23/2005) | ||
| 2005-07-05 | 71 | 0 | Notice (Other) | NOTICE of filing of defendants joint report of early meeting as previously served on plaintiffs (exhibit of report not signed by plaintiffs counsel) filed by defendants Ronald Lapp, Mary Flavin, Robert S Knapp, Gloria Fiscalini, Gabriel Paladino, Jan Marie Alarcon, Frederick Banales. (lc, ) Modified on 7/7/2005 (lc, ). (Entered: 07/07/2005) | ||
| 2005-07-19 | 72 | 0 | Notice of Document Discrepancies - Granting | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Stephen G. Larson ORDERING anwer to defendants opposition to motion for certification submitted without judges copy by Plaintiff John Allen Rainwater received on 7/1/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(lc, ) (Entered: 07/22/2005) | ||
| 2005-06-29 | 73 | 0 | Reply (Motion related) | ANSWER TO OPPOSITION to MOTION to Certify Class 64 filed by plaintiff John Allen Rainwater. (lc, ) (Entered: 07/22/2005) | ||
| 2005-08-05 | 74 | 0 | Notice (Other) | NOTICE that Steve Joseph Willett wishes to drop/waive rights to continue this case filed by plaintiff Steven Joseph Willett. (lc, ) (Entered: 08/08/2005) | ||
| 2005-08-23 | 75 | 0 | Motion for Order | JUDICIAL NOTICE AND MOTION for scheduling order filed by plaintiff John Allen Rainwater. (lc, ) (Entered: 08/30/2005) | ||
| 2005-09-02 | 76 | 0 | Motion for Enlargement of Time to File Document | MOTION for Enlargement of Time of cutoff dates for discovery, discovery motions, dispositive motions and pretrial conference filed by plaintiff John Allen Rainwater. (lc, ) (Entered: 09/12/2005) | ||
| 2005-09-02 | 77 | 0 | Request for Ruling | REQUEST for status update and motion for Ruling filed by plaintiff John Allen Rainwater. (lc, ) (Entered: 09/12/2005) | ||
| 2005-09-09 | 78 | 0 | Motion to Compel Answers to Interrogatories | NOTICE OF MOTION AND MOTION to Compel Answers to Special Interrogatories of plaintiffs and request for production of documents filed by defendants . Motion set for hearing on 10/3/2005 at 03:00 PM before Magistrate Judge Stephen G. Larson. Lodged order. (lc, ) (Entered: 09/19/2005) | ||
| 2005-09-09 | 79 | 0 | Response in Opposition to Motion | OBJECTION TO MOTION FOR PERMISSIVE JOINDER OF NEW PLAINTIFF ROBERT LANDIS filed by defendants Ronald Lapp, Mary Flavin, Robert S Knapp, Gloria Fiscalini, Gabriel Paladino, Jan Marie Alarcon, Frederick Banales. (lc, ) Modified on 9/27/2005 (lc, ). (Entered: 09/19/2005) | ||
| 2005-09-16 | 80 | 0 | In Chambers Order/Directive - no proceeding held | MINUTES OF IN CHAMBERS ORDER by Judge Manuel L. Real : The following Motions wil; be heard on 10/17/05 10:00 AM before Judge Manuel L. Real: Plaintiffs MOTION to for enlargement of time of cutoff dates for discovery, discovery motions etc 76 ; plaintiffs motion for certification of class action 64 ; plaintiffs motion for permissive joinders of new plaintiffs to this action 65 ; defendants MOTION to Compel Answers to Special Interrogatories of plaintiffs etc 78 and Status Conference regarding pro se palintiff Rainwaters standing to make filings on behalf of anyone other than himself; defendants counsel shall appear in person and make arrangements for plaintiffs to be available by telephone at the Atascadero State Hospital and bring to court the phone number which the court can call to reach plaintiffs and the hearing on the motions can be held with the plaintiffs present by telephone. Dispostive motion cutoff is continued to 10/31/05; pretrial conference is taken off calendar to be reset at some futre date.Court Reporter: none. (lc, ) (Entered: 09/19/2005) | ||
| 2005-09-21 | 81 | 0 | Request for Ruling | REQUEST for Status update and motion for Ruling filed by plaintiff David Huffman. (lc, ) (Entered: 09/26/2005) | ||
| 2005-09-16 | 82 | 0 | Motion to Continue | MOTION for enlargement of cutoff dates for discovery, discovery and dispositive motions, pretrial conferences 80 filed by plainttiff Douglas Ernest Badger. (lc, ) (Entered: 09/26/2005) | ||
| 2005-09-16 | 83 | 0 | Motion to Continue | MOTION for enlargement of cutoff dates for discovery, discovery and dispositive motions, pretrial conferences 80 filed by plaintiff David Huffman. (lc, ) (Entered: 09/26/2005) | ||
| 2005-09-24 | 84 | 0 | Motion to Continue | MOTION for enlargement of cutoff dates for discovery, discovery and dispositive motions, pretrial conferences filed by plaintiff Charles Christman. (lc, ) Modified on 9/29/2005 (lc, ). (Entered: 09/27/2005) | ||
| 2005-09-14 | 85 | 0 | Request for Ruling | REQUEST for Status update and motion for Rulings filed by plaintiff Charles Christman. (lc, ) (Entered: 09/27/2005) | ||
| 2005-09-14 | 86 | 0 | Motion to Continue | MOTION for enlargement of cutoff dates for discovery, discovery and dispositive motions, pretrial conferences 80 filed by plaintiff Aaron M Wheeler. (lc, ) (Entered: 09/27/2005) | ||
| 2005-09-14 | 87 | 0 | Request for Ruling | REQUEST for Status update and motion for Rulings filed by plaintiff Aaron M Wheeler(lc, ) (Entered: 09/27/2005) | ||
| 2005-09-26 | 88 | 0 | Response in Opposition to Motion | OPPOSITION MOTION for enlargement of cutoff dates for discovery, discovery and dispositive motions, pretrial conferences 80 86 filed by defendants Mary Flavin, Robert S Knapp, Gabriel Paladino, Jan Marie Alarcon, Frederick Banales. (lc, ) (Entered: 09/28/2005) | ||
| 2005-09-26 | 89 | 0 | Motion for Extension of Time to File | MOTION for enlargement of cutoff dates for discovery, discovery and dispositive motions, pretrial conferences filed by plaintiff Thiel Williams. (lc, ) (Entered: 09/29/2005) | ||
| 2005-09-21 | 90 | 0 | Motion for Enlargement of Time to File Document | MOTION for enlargement of cutoff dates for discovery, discovery and dispositive motions, pretrial conferences filed by plaintiff filed by plaintiff Paul A OBrien. (lc, ) (Entered: 09/29/2005) | ||
| 2005-09-21 | 91 | 0 | Request for Ruling | REQUEST for status update and motion for Ruling filed by plaintiff Paul A OBrien. (lc, ) (Entered: 09/29/2005) | ||
| 2005-09-21 | 92 | 0 | Request for Ruling | REQUEST for status update and motion for Ruling filed by plaintiff Douglas Ernest Badger. (lc, ) (Entered: 09/29/2005) | ||
| 2005-09-29 | 93 | 0 | Motion to Continue | MOTION for enlargement of cutoff dates for discovery, discovery and dispositive motions, pretrial conferences filed by plaintiff Troy Michael Naylor. (lc, ) (Entered: 10/06/2005) | ||
| 2005-09-29 | 94 | 0 | Request for Ruling | REQUEST for status update and for Rulings filed by plaintiff Troy Michael Naylor. (lc, ) (Entered: 10/06/2005) | ||
| 2005-09-25 | 95 | 0 | Motion to Continue | MOTION for enlargement of cutoff dates for discovery, discovery and dispositive motions, pretrial conferences filed by plaintiff Neal D Williamson. (lc, ) (Entered: 10/06/2005) | ||
| 2005-09-29 | 96 | 0 | Notice (Other) | NOTICE to karen Ackerson-Barzill, Deputy Attorney General regarding change of address of John Allen Rainwater AT #047958-4 Atascadero State Hospital P O Box 7001/Unit 16, Atascadero, CA 93423 filed by plaintiff John Allen Rainwater. (lc, ) (Entered: 10/06/2005) | ||
| 2005-10-17 | 97 | 0 | Motion Hearing | MINUTES before Judge Manuel L. Real: 1) Plaintiff Rainwater et al's MOTION for Enlargement of Time of cutoff dates for discovery, discovery motions, dispositive motions and pretrial conference 76 ; 2) Plaintiff Rainwater et al's for Certification of Class Action 64 ; 3) Plaintiff Rainwater for Permissive Joinder the name of Aaron Martin Wheeler as an additional plaintiff 65 ; 4) Defendants MOTION to Compel Answers to Special Interrogatories of plaintiffs and request for production of documents 78 . The Court hears arguments of counsel. The Court DENIES Motions #1, 2 and 3 as listed above. The Court Orders that only the Plaintiffs named in the original complaint are before this Court in this Action, and Plaintiff Rainwater cannot make filings on others Plaintiffs behalf. The Court GRANTS Motion #4; Plaintiff shall Answer the Interrogatories and Request for Production of documents within 30 days. The Court sets a Discovery cut-off 11/30/2005. Experts shall be identified and reports filed by 11/1/2005, a hearing on the Qualifications of experts is set for 11/14/2005 at 11:00 AM., the Cut-Off for the filing of Dispositive Motions is 11/1/2005. Pretrial Conference set for 12/5/2005 11:00 AM., and The Trial set for 1/24/2006 09:00 AM. The Court Orders the Plaintiffs shall be allowed by the State Hospital Facility to review their charts for two (2) hours each week. Plaintiffs Request for Appointment of Counsel is DENIED. Court Reporter: Carole Elkins. (jp, ) (Entered: 10/18/2005) | ||
| 2005-10-14 | 98 | 0 | Request for Order | REQUEST for Status Update and MOTION for Rulings filed by plaintiffs John Allen Rainwater, Steven Lawrence Burkhart, Douglas Ernest Badger, Charles Christman, Thiel Williams, Paul A OBrien, Steven Joseph Willett, David Huffman, Troy Michael Naylor. (jp, ) (Entered: 10/18/2005) | ||
| 2005-10-14 | 99 | 0 | Motion for Enlargement of Time to File Document | MOTION for Enlargement of Time of Cut-Off Dates for Discovery, Discovery Motions, Dispositive Motions, and Pretrial Conferences. FRCP 6(b), 26(b) filed by plaintiff Steven Lawrence Burkhart. (jp, ) (Entered: 10/18/2005) | ||
| 2005-10-14 | 100 | 0 | Response in Support of Motion | ANSWER to Defendants Objection to MOTION for Permissive Joinder New Plaintiff Robert Landis filed by plaintiff John Allen Rainwater. (jp, ) (Entered: 10/20/2005) | ||
| 2005-10-14 | 101 | 0 | Motion for Enlargement of Time to File Document | MOTION for Enlargement of Time cut-off dates for Discovery, Discovery Motions, Dispositive Motions, and Pretrial Conferences [FRCP 6(b), 26(b)] filed by Edward Flores (jp, ) (Entered: 10/20/2005) | ||
| 2005-10-14 | 102 | 0 | Response in Support of Motion | ANSWER to [Proposed] Order regarding defendants MOTION to Compel Discovery Responses 78 filed by plaintiff Edward Flores Gloria Fiscalini. (jp, ) (Entered: 10/20/2005) | ||
| 2005-10-14 | 103 | 0 | Request for Order | REQUEST for Status Update and MOTION for Rulings filed by plaintiff Edward Flores. (jp, ) (Entered: 10/20/2005) | ||
| 2005-10-14 | 104 | 0 | Response in Support of Motion | ANSWER to Defendants Objection to MOTION for Permissive Joinder of New Plaintiff Robert Landis 33 filed by plaintiff Thiel Williams. (jp, ) (Entered: 10/20/2005) | ||
| 2005-10-14 | 105 | 0 | Response in Support of Motion | ANSWER to [Proposed] Order regarding Defendants MOTION to Compel Discovery Responses 78 filed by plaintiff Thiel Williams. (jp, ) (Entered: 10/20/2005) | ||
| 2005-10-14 | 106 | 0 | Request for Judicial Notice | JUDICIAL NOTICE filed by plaintiff John Allen Rainwater. (jp, ) (Entered: 10/20/2005) | ||
| 2005-10-14 | 107 | 0 | Response in Support of Motion | ANSWER to [Proposed] Order regarding Defendants MOTION to Compel Discovery Responses 78 filed by plaintiff John Allen Rainwater. (jp, ) (Entered: 10/20/2005) | ||
| 2005-10-14 | 108 | 0 | Response in Support of Motion | ANSWER to Defendants Opposition to Plaintiffs MOTION for Enlargement of Time 76 filed by plaintiff John Allen Rainwater. (jp, ) (Entered: 10/20/2005) | ||
| 2005-10-20 | 109 | 0 | Reply (Motion related) | ANSWER TO DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR ENLARGMENT OF TIME 80 84 filed by plaintiff Charles Christman. (lc, ) (Entered: 10/25/2005) | ||
| 2005-10-14 | 110 | 0 | Reply (Motion related) | ANSWER TO OPPOSITION to motion for enlargment of time 80 86 filed by plaintiff Aaron Wheeler. (lc, ) (Entered: 10/28/2005) | ||
| 2005-10-14 | 111 | 0 | Motion Related Document | ANSWER TO PROPOSED ORDER re defenants MOTION to Compel discovery responses 78 filed by plaintiff Aaron Wheeler. (lc, ) (Entered: 10/28/2005) | ||
| 2005-10-14 | 112 | 0 | Request for Judicial Notice | REQUEST FOR JUDICIAL NOTICE filed by plaintiff Aaron Wheeler. (lc, ) (Entered: 10/28/2005) | ||
| 2005-10-14 | 113 | 0 | Reply (Motion related) | ANSWER TO DEFENDANTS OBJECTIONS to motion for permissive joinder of new plaintiff, Robert Landis filed by plaintiff Ed Flores. (lc, ) (Entered: 10/28/2005) | ||
| 2005-10-31 | 114 | 0 | Motion for TRO | MOTION/REQUEST for Restraining Order filed by plaintiff Thiel Williams. (lc, ) (Entered: 11/02/2005) | ||
| 2005-11-01 | 115 | 0 | Notice (Other) | NOTICE REGARDING IDENTIFICATION OF EXPERT WITNESS FREDERICK K BERLIN, MD PHD, CURRICULUM VITATE OF EXPERT AND STATUS OF EXPERT REPORT filed by defendants John Allen Rainwater, Steven Lawrence Burkhart, Douglas Ernest Badger, Charles Christman, David Huffman, Troy Michael Naylor. (lc, ) (Entered: 11/03/2005) | ||
| 2005-11-07 | 116 | 0 | Order on Motion for TRO | ORDER by Judge Manuel L. Real : denying 114 William Thiel Motion for restraining order (lc, ) (Entered: 11/09/2005) | ||
| 2005-11-14 | 117 | 0 | Motion Hearing | MINUTES OF HEARING REGARDING QUALIFICATIONS OF DESIGNATED EXPERTS HELD before Judge Manuel L. Real 97 : Plaintiffs Douglas Ernest Badger and Troy Michael Naylor filed motions to be dismissed and motions granted and Badger and Naylor are dismissed from this action; remaining plaintiffs request they be allowed internet access under strict supervision in order to attempt to find a medical expert they can designate and also obtain legal counsel; court orders the request granted and orders the hospital adminstration in such a way as conforms with the rules and regulations necessary to maintain security and stability in the hospital environs, to allow four remaining plaintiffs (Rainwater, Burkhart, Christman and Huffman) be allowed, collectively internet access under strict supervision of hospital staff for no more than 30 minutes per day for the next 20 days; hospital staff shall give permission to the plaintiffs to view only such sites which permit sole purpose of plaintiffs attempt at acquring a medical expert for designation in this action and attempt to find counsel who will agree to represent them in this action.Court Reporter: Beth Zaccaro. (lc, ) Modified on 11/17/2005 (lc, ). Modified on 12/6/2005 (lc, ). (rescinded per 12/5/05 order) (Entered: 11/16/2005) | ||
| 2005-11-16 | 118 | 0 | Ex Parte Application for Reconsideration | EX PARTE APPLICATION for Reconsideration of 11/14/05 order regarding access to internet for 20 day period 117 filed by defendants Jan Marie Alarcon. Lodged order. (lc, ) (Entered: 11/17/2005) | ||
| 2005-11-14 | 119 | 0 | Telephone Conference | CORRECTED MINUTES OF HEARING REGARDING QUALIFICATIONS OF DESIGNATED EXPERTS HELD before Judge Manuel L. Real 117 : Plaintiffs Douglas Badger and Troy Naylor filed motions to be dismissed as plaintiffs in present action; and motions granted and Badger and Naylor are dismissed from this action; plaintiff Rainwaters request he be allowed internet access under strict supervision in order to attempt to find a medical expert he can designate and also obtain legal counsel; court orders the request granted and orders the hospital administration in such a way as conforms with the rules and regulations necessary to maintain security and stability in the hospital environs, to allow plaintiff John Allen Rainwater to have supervised and monitored internet access under strict supervision of hospital staff for no more than 30 minutes per day for the next 20 days; hospital staff shall give permission to the plaintiff Rainwater to view only such sites which permit sole purpose of plaintiffs attempt at acquring a medical expert for designation in this action and attempt to find counsel who will agree to represent him in this action;.Court Reporter: Beth Zaccaro. (lc, ) Modified on 12/6/2005 (lc, ). (rescinded per 12/5/05 order) (Entered: 11/17/2005) | ||
| 2005-11-15 | 120 | 0 | Notice of Document Discrepancies and Order - Rejecting | NOTICE OF DISCREPANCY AND ORDER: by Judge Stephen G. Larson, ORDERING letter submitted by Plaintiff John Allen Rainwater received on 11/10/05 is not to be filed but instead rejected. Denial based on: improper communications with Judge.(lc, ) (Entered: 11/18/2005) | ||
| 2005-11-14 | 121 | 0 | Objections - non-motion | OBJECTIONS response are singular, to defendants special Interrogatories, pursuant to FRCP 33 78 filed by Plaintiff John Allen Rainwater. (lc, ) (Entered: 11/22/2005) | ||
| 2005-11-14 | 122 | 0 | Notice of Change of Address | NOTICE of Change of Pro Se Address address to Atascadero State Hospital; PO Box 7001/Unit 24; Atascadeo, CA 93423-7001. Filed by plaintiff John A Rainwater (lc, ) (Entered: 11/22/2005) | ||
| 2005-11-28 | 123 | 0 | Notice of Voluntary Dismissal of Party(ies) (Pursuant to FRCP 41a(1)) | NOTICE OF DISMISSAL pursuant to FRCP 41a(1) without prejudice as plaintiff Steven L Burkhart only filed by plaintiff Steven Lawrence Burkhart (lc, ) (Entered: 11/29/2005) | ||
| 2005-12-05 | 124 | 0 | Pretrial Conference - Final | MINUTES OF Final Pretrial Conference held before Judge Manuel L. Real : no pretrial papers have been submitted; plaintiffs have not yet responded to defendants discovery requests or designated an expert; court grants defendants ex parte application to rescind courts previous order regarding internet access due to hospital security issues; Court resets matter for pretrial conference set for 1/23/2006 11:00 AM and makes it clear to plaintiffs taht any further delays in prosecuting their case will possibly lead to dismissal of action faor failure to prosecute; previously set trial date is hereby vacated 117 118 119 ; .Court Reporter: Gail Peeples. (lc, ) (Entered: 12/06/2005) | ||
| 2005-12-05 | 125 | 0 | Order | ORDER granting defendants EX PARTE APPLICATION to Reconsider and Rescind 11/14/05 order directing Astascadeo State Hospital to provide supervised internet access to John A Rainwater for 20 day period; Atascadeo State Hopital shall have no duty to proivde Internet access to plaintiff, Rainwater 117 118 by Judge Manuel L. Real (lc, ) (Entered: 12/06/2005) | ||
| 2005-12-01 | 126 | 0 | Motion to Amend/Correct | MOTION for Modification of schedule for court ordered hospital chart review for named herein plaintiff filed by plaintiff John Allen Rainwater. (lc, ) (Entered: 12/06/2005) | ||
| 2005-12-06 | 127 | 0 | Vacating Reference to Magistrate Judge (CV-114) | ORDER VACATING REFERENCE TO MAGISTRATE JUDGE by Judge Manuel L. Real. Reference of case to Magistrate Judge Stephen G. Larson is vacated. All further proceedings in this action shall be before the District Judge assigned. Case number now reads as CV 03-8569 R.(rn, ) (Entered: 12/06/2005) | ||
| 2005-12-08 | 128 | 0 | Order on Motion to Amend/Correct | ORDER by Judge Manuel L. Real : denying 126 John Allen Rainwaters MOTION for Modification of schedule for court ordered hospital chart review for named herein plaintiff; no good cause shown (lc, ) (Entered: 12/08/2005) | ||
| 2005-12-02 | 129 | 0 | Response (non-motion) | RESPONSE to defendants request for interrogatories, objection to all 25 special interrogatories (see exhibit A) filed by Plaintiff John Allen Rainwater (lc, ) (Entered: 12/09/2005) | ||
| 2005-12-02 | 130 | 0 | Response in Opposition to Motion | OBJECTION AND RESPONSE to defendants EX PARTE APPLICATION for reconsideration and to rescind 11/14/05 order regarding access to internet 117 118 filed by plaintiff John Allen Rainwater. (lc, ) (Entered: 12/09/2005) | ||
| 2005-12-02 | 131 | 0 | Motion for Reconsideration | NOTICE OF MOTION AND MOTION for Reconsideration for appointment of counsel and or assistance of counsel 97 filed by plaintiff John Allen Rainwater. (lc, ) (Entered: 12/09/2005) | ||
| 2005-12-08 | 132 | 0 | Order on Motion for Reconsideration | ORDER by Judge Manuel L. Real : denying 131 plaintiff Rainwaters NOTICE OF MOTION AND MOTION for Reconsideration for appointment of counsel and or assistance of counsel ; no provison for appointment of counsel on civil cases(lc, ) (Entered: 12/09/2005) | ||
| 2005-12-12 | 133 | 0 | Order on Motion for Reconsideration | ORDER DENYING THEREON plaintiff David Huffmans MOTION for Reconsideration for appointment of counsel and or assistance of counsel 97 ; there is no provison for appointment of counsel in civil cases by Judge Manuel L. Real (lc, ) (Entered: 12/12/2005) | ||
| 2005-12-12 | 134 | 0 | Order on Ex Parte Application for Leave | ORDER DENYING AS MOOT plaintiff David Huffmans EX PARTE APPLICATION THEREON to submit interest, objection and response to defendants ex parte application to reconsider and rescind 11/4/05 order regarding internet access by Judge Manuel L. Real (lc, ) (Entered: 12/12/2005) | ||
| 2005-12-15 | 135 | 0 | Response (non-motion) | OBJECTIONS AND RESPONSE to District Judges reversal of granting plaintiff access to internet and issue of stay of summary judgment 125 filed by Plaintiff John Allen Rainwater (lc, ) (Entered: 12/19/2005) | ||
| 2005-12-09 | 136 | 0 | Objections - non-motion | Plaintiff David Huffman, OBJECTION RESPONSE are Singular, to Defendants Special Interrogatories, pursuant to Federal Rules of Civil Procedure Rule 33 filed by Plaintiff David Huffman. (shb, ) (Entered: 12/20/2005) | ||
| 2005-12-09 | 137 | 0 | Objections - non-motion | The Plaintiff, David Huffman, OBJECTION and RESPONSE are Singular, to Defendants Request for Production of Documents filed by Plaintiff David Huffman. (shb, ) (Entered: 12/20/2005) | ||
| 2005-12-19 | 138 | 0 | Objections - non-motion | OBJECTIONS AND RESPONSE TO DISTRICT JUDGE REVERSAL of granting plaintiff access to internet and issue of stay of summary judgment 125 filed by Plaintiff David Huffman. (lc, ) (Entered: 12/22/2005) | ||
| 2005-12-20 | 139 | 0 | Notice (Other) | NOTICE of non oppositon to plaintiffs request to stay motions for summary judgment filed by defendatnts Mary Flavin, Robert S Knapp, Gloria Fiscalini, Gabriel Paladino, Jan Marie Alarcon, Frederick Banales. (lc, ) (Entered: 12/29/2005) | ||
| 2006-01-09 | 140 | 0 | Disclosure | SUPPLEMENTATION OF DISCLOSURES of pursuant to FRCP 26(a)(1)(e) filed by Plaintiff David Huffman (lc, ) (Entered: 01/12/2006) | ||
| 2006-01-06 | 141 | 0 | Motion for Leave | MOTION for consideration as to subjects for consideration at pretrial conference, managements pursuant to FRCP 16(a) filed by plaintiff John Allen Rainwater. (lc, ) (Entered: 01/12/2006) | ||
| 2006-01-06 | 142 | 0 | Disclosure | SUPPLEMENTATION OF DISCLOSURES of FRCP 26(a)(1)(e0 filed by Plaintiff John Allen Rainwater (lc, ) (Entered: 01/12/2006) | ||
| 2006-01-17 | 143 | 0 | Motion for Summary Judgment | MOTION for Summary Judgment filed by plaintiff David Huffman. (lc, ) (Entered: 01/20/2006) | ||
| 2006-01-18 | 144 | 0 | Motion for Summary Judgment | MOTION for Summary Judgment filed by plaintiff John Allen Rainwater. (lc, ) (Entered: 01/23/2006) | ||
| 2006-01-23 | 145 | 0 | In Chambers Order/Directive - no proceeding held | MINUTES OF PROCEEDINGS: Pretrial conferenceby Judge Manuel L. Real : No joint proposed pretrial conference has been submitted; court Vacates pretrial conference to be reset at a later date; any motions for summary judgment by any party to the remaining claims sahll be filed by 2/15/06; any responses to these motions,if filed, shall be due 3/106; a hearing on any motions for summary judgment shall be heard on 3/20/06 11:00 AM;Court Reporter: Beth Zaccarro. (lc, ) (Entered: 01/24/2006) | ||
| 2006-01-26 | 146 | 0 | Proof of Service (subsequent documents) | RETURN OF ORIGINAL CIVIL SUBPOENA AND PROOF OF PERSONAL SERVICE on Mel Hunter, director on 1/23/06 of civil subpoena to Atascadero State Hopital for production of documents (see subpoena for details) filed by plaintiff John Allen Rainwater, (lc, ) (Entered: 01/30/2006) | ||
| 2006-01-30 | 147 | 0 | Notice of Change of Address | NOTICE of Change of Address changing pro se address to Atascadero State Hospital; PO Box 7001/Unit 23; Atascadeo, CA 93423-7001; Filed by plaintiff John Allen Rainwater (lc, ) (Entered: 02/02/2006) | ||
| 2006-02-02 | 148 | 0 | Motion for Summary Judgment | MOTION for Summary Judgment filed by plaintiff Charles Christman. (lc, ) (Entered: 02/06/2006) | ||
| 2006-02-06 | 149 | 0 | Motion for Leave | MOTION for Leave to to keep legal papers in my possession on unit 23 for preparation of trial filed by plaintiff Charles Christman. (lc, ) (Entered: 02/08/2006) | ||
| 2006-02-02 | 150 | 0 | Request for Judicial Notice | REQUEST FOR JUDICIAL NOTICE filed by plaintiff Charles Christman. (lc, ) (Entered: 02/08/2006) | ||
| 2006-02-07 | 151 | 0 | Order | ORDER by Judge Manuel L. Real denying plaintiff Charles Christman MOTION for Leave to to keep legal papers in my possession on unit 23 for preparation of trial 149 (lc, ) (Entered: 02/08/2006) | ||
| 2006-02-06 | 152 | 0 | Motion for Summary Judgment | MOTION for Summary Judgment filed by plaintiff David Huffman. (lc, ) (Entered: 02/08/2006) | ||
| 2006-02-06 | 153 | 0 | Notice of Change of Address | NOTICE of Change of Address changing pro se address to Atascadero State Hospital, Unit 23, Atascadeo, CA 93423. Filed by plaintiff Charles Christman (lc, ) (Entered: 02/08/2006) | ||
| 2006-02-06 | 154 | 0 | Mail Returned | Mail Returned addressed to Thiel William re 123 Notice Dismissing Party(ies) (lc, ) (Entered: 02/09/2006) | ||
| 2006-02-16 | 155 | 0 | Motion for Summary Judgment | NOTICE OF MOTION AND MOTION for Summary Judgment or in alternative for Summary Adjudication; memorandum; declarations in support filed by defendants Ronald Lapp, Mary Flavin, Robert S Knapp, Gloria Fiscalini, Gabriel Paladino, Jan Marie Alarcon, Frederick Banales. Motion set for hearing on 3/20/2006 at 10:00 AM before Judge Manuel L. Real. Lodged statement, order. (lc, ) (Entered: 02/23/2006) | ||
| 2006-03-01 | 156 | 0 | Motion Related Document | Notice of reliance of their motion for summary judgment as oppostion to Huffman and Rainwaters MOTION for Summary Judgment 143 144 filed by defendants Ronald Lapp, Mary Flavin, Robert S Knapp, Gloria Fiscalini, Gabriel Paladino, Jan Marie Alarcon, Frederick Banales. (lc, ) (Entered: 03/02/2006) | ||
| 2006-03-01 | 157 | 0 | Request for Judicial Notice | REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment 155 filed by defendants Ronald Lapp, Mary Flavin, Robert S Knapp, Gloria Fiscalini, Gabriel Paladino, Jan Marie Alarcon, Frederick Banales. (lc, ) (Entered: 03/02/2006) | ||
| 2006-03-02 | 158 | 0 | Response in Opposition to Motion | OPPOSITION to defendants MOTION for Summary Judgment 155 filed by plaintiff John Allen Rainwater. (lc, ) (Entered: 03/03/2006) | ||
| 2006-03-03 | 159 | 0 | Order | ORDER by Judge Manuel L. Real denying THEREON plaintiff John Allen Rainwaters MOTION to Dismiss defendants summary judgment motion(lc, ) (Entered: 03/06/2006) | ||
| 2006-03-03 | 160 | 0 | Order | ORDER by Judge Manuel L. Real Granting THEREON plaintiffs Charles Christman, John Rainwater and David Huffmans REQUEST for continuance and additional 5 days to 3/6/06 for opposing defendants summary judgment; no further extensions (lc, ) (Entered: 03/06/2006) | ||
| 2006-03-14 | 161 | 0 | Notice of Change of Address | NOTICE of Change of Address by Charles Christman changing address to Atascadero State Hospital, PO Box 7001 from Unit 23 to Unit 34, Atascadero, California 93423. Filed by plaintiff Charles Christman. (jp, ) (Entered: 03/16/2006) | ||
| 2006-03-13 | 162 | 0 | Motion to Strike | NOTICE OF MOTION AND MOTION to Strike Plaintiff's Motion Opposing Defendant's Motion for Summary Judgment filed by Defendants Mary Flavin, Gloria Fiscalini, Jan Marie Alarcon, Frederick Banales. Motion set for hearing on 3/20/2006 at 11:00 AM before Judge Manuel L. Real. (yl, ) (Entered: 03/17/2006) | ||
| 2006-03-13 | 163 | 0 | Motion Related Document | EVIDENTIARY OBJECTIONS TO Plaintiff's MOTION to Dismiss defendants summary judgment motion filed by Defendants Mary Flavin, Gloria Fiscalini, Jan Marie Alarcon, Frederick Banales. (yl, ) (Entered: 03/17/2006) | ||
| 2006-03-13 | 164 | 0 | Reply (Motion related) | REPLY TO PLAINTIFF'S MOTION TO OPPOSE DEFENDANT'S Motion fos Summary Judgment filed by Defendants Ronald Lapp, Mary Flavin, Gloria Fiscalini, Gabriel Paladino, Jan Marie Alarcon and Frederick Banales. (yl, ) (Entered: 03/17/2006) | ||
| 2006-03-20 | 165 | 0 | Order | DEFENDANTS STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND ORDER THEREON by Judge Manuel L. Real 155 (lc, ) (Entered: 03/21/2006) | ||
| 2006-03-20 | 166 | 0 | Order | ORDER regarding statement of uncontroverted facts in support of summary judgment or alternatively for summary adjudication are binding on all parties by Judge Manuel L. Real 165 (lc, ) (Entered: 03/21/2006) | 2015-08-26 16:01:32 | d0860dd774abaa58deb4777d690bbbefa916302f |
| 2006-03-20 | 167 | 0 | Order | ORDER regarding defendants Ronald Lapp, Mary Flavin, Robert S Knapp, Gloria Fiscalini, Gabriel Paladino, Jan Marie Alarcon, Frederick Banales MOTION for Summary Judgment or in alternative for Summary Adjudication: Court finds good cause exists for entry of summary judgment in favor of defendants and against plaintiff 155 by Judge Manuel L. Real (Made JS-6. Case Terminated.)(lc, ) (Entered: 03/21/2006) | ||
| 2006-03-20 | 168 | 0 | Motion Hearing | MINUTES OF Motion Hearing held before Judge Manuel L. Real : RE: 1) Plaintiff Rainwaters motion for summary judgment 155 , 2) Plaintiff Christmans motion for summary judgment 144 , 3) Plaintiff Huffmans motion for summary judgment 148 , 4) Defendants motion for summary judgment 152 ; The Court hears arguments of counsel. The Court DENIES motions # 1, # 2 and # 3, as listed above. The Court GRANTS motion # 4 as listed above. The Court signs the defendants proposed order and uncontroverted facts and conclusions of law. Defendants shall submit a separate proposed judgment. Court Reporter: Beth Zaccaro.(wh) (Entered: 03/22/2006) | ||
| 2006-03-23 | 169 | 0 | Judgment | JUDGMENT by Judge Manuel L. Real, in favor of defendants Mary Flavin, Robert S Knapp, Gabriel Paladino, Jan Marie Alarcon, Frederick Banales and against plaintiffs Related to: Order 167 (lc, ) (Entered: 03/24/2006) | ||
| 2006-03-31 | 170 | 0 | Notice of Appeal to 9th Circuit Court of Appeals | NOTICE OF APPEAL to 9th CCA filed by plaintiff Charles Christman. Appeal of Judgment 169 Filed On: 03/23/06; Entered On: 03/24/06. Filing fee $ 255. Waived, see document number 2. cc: Charles Christman; Karen Ackerson-Brazille. (cbr, ) (Entered: 04/07/2006) | 2011-05-09 20:55:21 | 5b19d6e7455bbc96248f4574f76ccf58e8647832 |
| 2006-04-24 | 171 | 0 | 9th CCA Assigned Case Number Notice | NOTIFICATION by Circuit Court of Appellate Docket Number 06-55572, 9th CCA regarding Appeal to Circuit Court 170 filed by Charles Christman. (ghap, ) (Entered: 04/24/2006) | ||
| 2006-05-15 | 172 | 0 | Order | ORDER by Judge Manuel L. Real, This appeal is not taken in good faith.(ghap, ) (Entered: 05/17/2006) | ||
| 2006-08-14 | 173 | 0 | Appeal Record Sent to USCA (A-26) | RECORD ON APPEAL sent to Circuit Court; re: Appeal number, 06-55572; Record consists of 1 through 4 volumes; Brown Folders: 3, 155; re Appeal to Circuit Court 170 (lr, ) (Entered: 08/15/2006) | ||
| 2006-08-11 | 174 | 0 | USCA Order | ORDER from 9th CCA filed as to Appeal to Circuit Court 170 filed by Charles Christman. CCA # 06-55572. Order received in this district on 08/14/06. Our review of the record indicates that appellant is entitle to informa pauperis status for this appeal. Accordingly, within 21 days after the filing date of this order, appellant shall complete and file with this court he enclosed authorization form, which directs the prison officials at appellants institution to assess, collect, and forward to the court the $455.00 filing and docketing fees for this appeal on a monthly basis whenever funds exist in appellants trust account. (cbr, ) (Entered: 08/17/2006) | ||
| 2006-08-30 | 175 | 0 | USCA Order | ORDER from 9th CCA filed as to Appeal to Circuit Court 170 Filed by Charles Christman. CCA # 06-55572. Pursuant to this court's August 11, 2006 order appointing pro bono counsel, John Tehranian, Esq., is hereby appointed to represent appellant for purposes of this appeal only. If appellant does not object to this order in writing within 14 days from of entry of this order, the Clerk shall amend the docket to reflect that John tehranian, Esq., Turner Green Afrasiabi & Arledge LLP, 535 Anton Blvd., Suite 850, Costa Mesa, CA 92626. Phone: 714-434-8750, Fax: 714-4-8756. Briefing schedule has been set. Pro bono counsel shall indicate on the cover of the opening brief that it is a replacement brief. This appeal shall be calendared for oral argument on the next available calendar after briefing. Order received in this district on 9/1/06. (car, ) (Entered: 09/07/2006) | ||
| 2007-04-06 | 176 | 0 | USCA Order | ORDER from 9th CCA filed as to Appeal to Circuit Court 170 filed by Charles Christman. CCA # 06-55572. The 3/30/07 motion foran extensionof timeto file the reply brief is granted. Order received in this district on 4/9/07 (dmap. ) (Entered: 04/10/2007) | ||
| 2007-07-25 | 177 | 0 | Motion for Reconsideration | MOTION for Reconsideration on paymentof fioing fees purusant to Page V Torrey, 201 F.3d 1136@1139-1140 filed by plaintff Thiel Williams. (lc) (Entered: 07/27/2007) | ||
| 2008-04-03 | 178 | 0 | Appeal Record Returned | APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 1-4; RE: Appeal Record Sent to USCA (A-26) 173 (dmap) (Entered: 04/04/2008) | ||
| 2008-03-25 | 179 | 0 | USCA Mandate | MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 170 , CCA # 06-55572. The Judgment of District Court is AFFIRMED in part, REVERSED in part and REMANDED.. Mandate received in this district on 03/28/08. (cbr) (Entered: 04/09/2008) | ||
| 2008-04-11 | 180 | 0 | Notice of Change of Address | NOTICE of Change of Address changing address to Coalinga State Hospital PO Box 5003 Coalinga, CA 93210. Filed by plaintiff Charles Christman (pj) (Entered: 04/16/2008) | ||
| 2008-04-16 | 181 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTES OF IN CHAMBERS RE-OPENING ACTION AS TO PLAINTIFF CHARLES CHRISTMAN ONLY PURSUANT TO MANDATE held before Judge Manuel L. Real: Defendants shall have until 6/2/2008 to file motions of summary judgment (Case reopened. MD JS-5.) (pj) (Entered: 04/22/2008) | ||
| 2008-06-02 | 182 | 0 | Motion for Summary Judgment | NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendants Jan Marie Alarcon. Motion set for hearing on 7/21/2008 at 10:00 AM before Judge Manuel L. Real. (Attachments: # 1 Statement of Uncontroverted Facts, # 2 Declaration Gabrielle Paladino, M.D., # 3 Declaration Frederick Banales, M.D., # 4 Proposed Order)(Ackerson-Brazille, Karen) (Entered: 06/02/2008) | ||
| 2008-06-27 | 183 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTES OF IN CHAMBERS ORDER held before Judge Manuel L. Real: re: Defendants have filed on June 2, 2008 a Motion for SummaryJudgment, with a noticed hearing date of July 21, 2008 at10:00 a.m. Plaintiff, Charles Christman, is a pro se prisoner,institutionalized at Coalinga State Hospital.The Court continues the hearing date on defendants motion toAUGUST 11, 2008 at 10:00 a.m.Counsel for defendant shall make arrangements for the institutionalizedpro se plaintiff to be made available by phone at the Coalinga StateHospital on the date and time of the hearing, and shall bring toCourt the phone number for the Court to call, where the pro se plaintiffhas been made available to appear telephonically, at Coalinga StateHospital. Once the plaintiff is on the line, the hearing will proceed and theCourt will hear oral argument of the parties on defendants motion forsummary judgment 182 ., (pj) (Entered: 06/30/2008) | ||
| 2008-07-17 | 184 | 0 | Request for Leave | REQUEST to Amend Complaint filed by plaintiff Charles Christman. (pj) (Entered: 07/21/2008) | ||
| 2008-07-29 | 185 | 0 | Reply (Motion related) | REPLY BY DEFENDANTS TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Defendant Jan Marie Alarcon. (Ackerson-Brazille, Karen) (Entered: 07/29/2008) | ||
| 2008-08-04 | 186 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTES OF IN CHAMBERS ORDER held before Judge Manuel L. Real:,Plaintiff has filed a Motion for leave to file extension oftime for plaintiff motion for summary judgment and re-setoral arguments etc. Plaintiffs intention in this motion isnot entirely clear, but in any event the Court grants themotion in so far as continuing the hearing currently scheduledon Defendants motion for summary judgment. The Court therefore ORDERS the hearing on Defendants motion for summary judgment continued from August 11, 2008 at 10:00 a.m. to SEPTEMBER 29, 2008 AT 10:00 A.M. Counsel for defendant shall ensure that plaintiff is madeavailable for the hearing by telephone in the place of hisconfinement, as previously ordered. /2008 at 10:00 AM before Judge Manuel L. Real.) (pj) (Entered: 08/06/2008) | ||
| 2008-08-04 | 187 | 0 | Motion for Leave | MOTION for Leave to to file extension of time for plaintiff motion for summary judgment and reset oral arguments filed by plaintiff Charles Christman. (pj) (Entered: 08/06/2008) | 2011-05-09 21:00:35 | d80394ba9bc6ecb1daa450e9565bcc70e7fba38a |
| 2008-09-29 | 188 | 0 | Motion for Leave | EMERGENCY MOTION for Leave to due to plaintiff health / medical condition filed by Plaintiff Charles Christman. (pj) (Entered: 09/29/2008) | ||
| 2008-09-29 | 189 | 0 | Motion to Set Aside Judgment | MOTION to Reverse summary jdugment of defendants and grant summary judgment to plaintiff Christman Based on the undisputed facs herein this motion that plaintiffs fourteenth amendment was violated as evidenced by this motion and evidence presented in exhibits of previous motion filed by Plaintiff Charles Christman. (pj) (Entered: 09/30/2008) | ||
| 2008-09-29 | 190 | 0 | Motion Hearing | MINUTES OF Motion Hearing held before Judge Manuel L. Real:The plaintiff is present by telephone. The Court questions plaintiff regarding his just-filed Emergency Motion for Continuance of todays hearing. The Court ORDERS the matter continued for hearing on Defendants Motion for Summary Judgment, based on Plaintiffs motion/request, to January 12, 2009 at 10:00 a.m. If plaintiff wishes to file any further papers in opposition to defendants motion for summary judgment, he must do so by November 15, 2008. ( Motion set for hearing on 1/12/2009 at 10:00 AM before Judge Manuel L. Real.), 182 Court Reporter: Sheri Kleeger. (pj) (Entered: 09/30/2008) | ||
| 2008-12-15 | 191 | 0 | Reply (Motion related) | REPLY DEFENDANTS REPLY TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT MOTION to Set Aside Judgment 189 filed by Defendants Ronald Lapp, Mary Flavin, Robert S Knapp, Gloria Fiscalini, Gabriel Paladino, Jan Marie Alarcon, Frederick Banales. (Ackerson-Brazille, Karen) (Entered: 12/15/2008) | ||
| 2009-01-12 | 192 | 0 | Motion Hearing | MINUTES OF Motion Hearing held before Judge Manuel L. Real:, RE: MOTION for Summary Judgment 182 The Court hears arguments of counsel and pro se plaintiff, whois present by telephone. The Court GRANTS defendants motion for summary judgment, for reasons as stated on the record. Defendants shall submit proposed uncontroverted facts and conclusions of law, a proposed order and a proposed separate judgment. Court Reporter: Jennifer Medlock. (pj) (Entered: 01/13/2009) | ||
| 2009-01-22 | 193 | 0 | Notice of Lodging | NOTICE OF LODGING filed re Motion Hearing, Link Motions to Minutes,, 192 (Attachments: # 1 Proposed Order (PROPOSED) JUDGMENT ON STATE DEFENDANTS MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY SUMMARY ADJUDICATION, # 2 Proposed Order [PROPOSED] ORDER RE: STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY SUMMARY ADJUDICATION)(Ackerson-Brazille, Karen) (Entered: 01/22/2009) | ||
| 2009-01-22 | 194 | 0 | Notice of Lodging | NOTICE OF LODGING filed re Motion Hearing, Link Motions to Minutes,, 192 , Notice of Lodging, 193 (Attachments: # 1 Proposed Order [PROPOSED] ORDER RE DEFENDANTS MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY MOTION FOR SUMMARY ADJUDICATION)(Ackerson-Brazille, Karen) (Entered: 01/22/2009) | ||
| 2009-02-04 | 195 | 0 | Order | ORDER re Statement of Uncontroverted Facts and Conclusions of Law in support of MOTION for Summary Judgment or alternatively Summary Adjudication 182 by Judge Manuel L. Real. (jp) (Entered: 02/10/2009) | ||
| 2009-02-04 | 196 | 0 | Order | ORDER by Judge Manuel L. Real, re MOTION for Summary Judgment or Alternatively MOTION for Summary Adjudication 182 , the Court so finds that good cause exists for entry of summary judgment in favor of Defendants and against Plaintiff based on the doctrines respondent superior for Dr. Knapp and Jan Marie and qualified immunity for the remaining defendants. (jp) (Entered: 02/10/2009) | ||
| 2009-02-04 | 197 | 0 | Judgment | JUDGMENT by Judge Manuel L. Real: THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that State Defendants Jan Marie Alarcon, Frederico Banales, Mary Flavin, Robert S Knapp, Gabriel Paladina are DISMISSED from this case, and summary judgment shall be entered against plaintiff and in favor of the State Defendants in the Complaint herein. Related to: MOTION for Summary Judgment 182 . (MD JS-6, Case Terminated). (jp) (Entered: 02/10/2009) |